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Spousal Support

Payments to an ex-spouse which are temporary or indefinite, lump sum or periodic, designed to pool and share the income of both spouses for that period of time necessary for the lower-income spouse to become economically self-sufficient.

Also known as spousal maintenance or alimony.

The Canadian Divorce Act defines a "spousal support order" as:

"... an order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse."

The criteria for making such an order are the length of time the spouses cohabited, the functions performed by each spouse during cohabitation and any order, agreement or arrangement.

REFERENCES:

Divorce Act, 1985 Revised Statutes of Canada, Chapter 3, (2nd Supplement), published at canlii.org/ca/sta/d-3.4/

Duhaime, Lloyd, Spousal Support Under Canada's Divorce Act, published at duhaime.org/LegalResources/FamilyLaw/tabid/343/articleType/ArticleView/articleId/38/Spousal-Support-Under-Canadas-Divorce-Act.aspx

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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